Graham Mullen
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Graham Calder Mullen is an Article III federal judge for the United States District Court for the Western District of North Carolina. He joined the court in 1990 after being nominated by President George H.W. Bush. He is serving on senior status.
Early life and education
A native of North Carolina, Mullen graduated from Duke University with his Bachelor's Degree in1962 and later graduated with his juris doctorate degree in 1969. From 1962 to 1966 Mullen served in the US Navy as an Active Duty Lieutenant during the Vietnam Conflict.
Legal career
Mullen spent his entire pre-judicial legal career as a private practice attorney licensed in the State of North Carolina from 1969 to 1990.
Federal judicial career
On the recommendation of U.S. Senator Jesse Helms, Mullen was nominated by President George H.W. Bush on February 20, 1990 to a seat vacated by James McMillan as McMillan went on senior status. Mullen was confirmed by the Senate on September 10, 1990 and received commission on September 11, 1990. Mullen served as the previous chief judge of the Court from 1998 to 2005 before assuming senior status on December 1, 2005.
Jeremy Mayfield case
Judge Mullen was the presiding judge in the case of NASCAR driver Jeremy Mayfield. Mullen on July 1, 2009 lifted a suspension NASCAR levied on Mayfield for testing positive for illegal drug use[1].
Mullen stated in his ruling that "the likelihood of a false positive in this case is quite substantial." Mullen went on to rule in Mayfield's favor after two hours of closing arguments, including NASCAR's argument that Mayfield is a danger to the sport. Mayfield had tested positive for high amounts of methamphetamine use.[1]
Mayfield was suspended on May 9, 2009 by NASCAR after failing a random drug test during a race held in Richmond, Virginia. Mayfield maintained at the time of his suspension that he did not take methamphetamines, and that the positive tests were the result of combining Adderall, a prescription he took for attention deficit hyperactivity disorder, with Claritin he took for allergies.[1]
"I have never taken methamphetamines in my life, and when accused of taking them I immediately volunteered to give another urine sample," Mayfield said in an affidavit filed in federal court[1].
Bill Diehl, an attorney for the NASCAR driver, claimed that NASCAR's drug testing program does not meet federal workplace guidelines or follow proper procedure of SAMHSA (Substance Abuse and Mental Health Services Administration)[1].
Diehl argued that Mayfield did not give permission to NASCAR to conduct testing on the "B" sample after the "A" sample came back positive, as guidelines indicate should be done. Diehl argued that the "B" sample should have been tested at an independent laboratory. Diehl also claimed that proper procedure was not used and because the "B" sample was compromised when opened that the entire test should be thrown out. Both samples originally were tested by Aegis Laboratory. Diehl also argued that NASCAR's policy is unfair because it does not provide a list of all banned substances, as is the case in most other professional sports.[1].
On July 6, 2009, attorneys for NASCAR asked Judge Mullen to reverse his ruling and also filed an appeal in the Fourth Circuit Court of Appeals based in Richmond, VA. NASCAR disputes Mullen's conclusion that the chance of a false positive on Mayfield's drug test was "quite substantial," and also asserted that Mullen relied on facts "outside the record, including the purported existence of reliable hair sample tests and same-day tests for methamphetamine"[2]
NASCAR's appeal also claims that Judge Mullen failed to properly consider the reliability of assessments by Mayfield Motorsports employees that the driver did not ingest methamphetamine, the sophistication and sensitivity of NASCAR-commissioned Aegis Laboratories drug-testing procedures that prevent false positives, and an affidavit from a Mayfield expert that found the level of methamphetamine in Mayfield's sample would make him a chronic user in their grounds of their appeal[2].
Mayfield attorney Bill Diehl disagreed with NASCAR's appeal as Diehl claimed that Mayfield shown none of the physical characteristics of a chronic methamphetamine user. Diehl also said that if Mayfield tested positive at the levels NASCAR claimed, Mayfield would be "either a walking zombie or he's dead"[2].
On July 13, 2009, legal counsel for NASCAR asked Judge Mullen to overrule on his July 1, 2009 ruling on new evidence that the NASCAR driver tested positive again for methamphetamine[3].
External links
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Federal judges of the United States District Court for the Western District of North Carolina |
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| Active judges | |
| Senior judges |
Mullen • Potter |
| Magistrate judges | |
| Former judges |
Boyd • Craven • Dick • Ewart • Henderson • Jones • McKnight • McMillan • Sentelle • Thornburg • Warlick • Webb |
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The North Carolina Project on Judgepedia
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